In an earlier blog post, we discussed copper heiress Huguette Clark, a 104-year-old recluse with a $500 million fortune. Distant relatives were concerned that she was being taken advantage of by her lawyer and accountant and requested that she be appointed a guardian to oversee her safety and well-being. Yesterday a Manhattan judge refused to declare Clark incapacitated and appoint one of the relatives as a guardian.

A guardian can be appointed if an individual is deemed incapacitated or incompetent. Once appointed, the guardian oversees the welfare and safety of the person under guardianship.

The judge declined to grant the family's request because the relatives' court filing was procedurally deficient. Specifically, the request was refused due to "its hearsay, conclusory and speculative assertions of incapacity." Clark's relatives have not seen the heiress in many years, and based some of their assertions on recent news stories about her wealth and her relationship with her attorney and accountant.

The relatives released a statement after the judge's ruling, expressing their continued concern for Clark's safety and well-being. The statement emphasized the family's concerns about Clark's lawyer and accountant and accused them of isolating Clark from her family. However, the relatives pledged their continued cooperation with the ongoing investigation of the Manhattan District Attorney's office. 

Clark's lawyer and attorney are currently under criminal investigation by the District Attorney's office for possible mismanagement of Clark's fortune. Both men released statements after the judge's ruling, praising the outcome and expressing their hope that the family will respect Clark's wish for privacy. 

Clark's lawyer had filed papers opposing the family's request, asserting that Clark is in her right mind and that he has always acted in her best interests.

Source: New York Post "Judge declines to declare copper heiress incapacitated" 9/10/10